Administrative Rules of Montana
Department 44 - SECRETARY OF STATE
Chapter 44.15 - NOTARIES PUBLIC
Subchapter 44.15.1 - Commissioning
Rule 44.15.110 - NOTARY PUBLIC JOURNAL RETENTION
Universal Citation: MT Admin Rules 44.15.110
Current through Register Vol. 18, September 20, 2024
(1) A notary public must retain the notary's journal(s) at all times while holding an active commission unless the notary has satisfied the requirements set forth by (a).
(a) A notary who transmits control of the
notary's journal(s) to the notary's employer shall complete the form prescribed
by the Secretary of State and signed by the notary and the notary's employer
indicating:
(i) the physical location where
the journal(s) will be kept;
(ii)
the name, phone number, and email of the employer or the custodian of the
records; and
(iii) the notary's
authorization for the designated custodian to release the records in accordance
with
1-5-618(6),
MCA, and the custodian's agreement to accept the responsibility and
conditions.
(2) When a notary voluntarily resigns or chooses not to renew a commission, the notary may choose to transmit the notary's journal(s) to an approved repository by submitting the form prescribed by the Secretary of State and signed by the notary indicating:
(a) the physical location
where the journal(s) will be kept;
(b) the name, phone number, and email of the
proposed custodian of the records; and
(c) the notary's authorization for the
designated custodian to release the records in accordance with
1-5-618(6),
MCA, and the custodian's agreement to accept the responsibility and
conditions.
AUTH: 1-5-628, MCA; IMP: 1-5-626, MCA
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